WHS Regulators, Notices & HSRs

When a safety inspector turns up — or a worker raises a hazard — knowing your rights and obligations turns a stressful visit into a manageable one. Here are the regulators, the difference between the two notices they issue (one stops your job dead), and what an HSR can and cannot do.‍‌‌‌‌‌‌‌‌‌‌‌‌‌‍

The regulators (and their numbers)

Each state has its own WHS regulator with broad powers — they can enter, inspect, copy documents, interview, sample, issue notices and prosecute:

SafeWork NSW — 13 10 50
WorkSafe Victoria — 1800 136 089
Workplace Health & Safety QLD — 1300 362 128
WorkSafe WA — 1300 307 877
SafeWork SA — 1300 365 255

(Plus the smaller-jurisdiction regulators, and Comcare federally.) These numbers are also on the Emergency Numbers card.

The two notices — one stops the job

Improvement Notice: a written direction to fix a contravention within a set timeframe — used where there is non-compliance but no immediate serious risk (missing guardrails, an inadequate SWMS, incomplete training records). Fix it by the due date, make sure it does not recur, and notify the regulator once you have complied.
Prohibition Notice: the serious one — stop the activity immediately (or do not start it) because of a serious risk from immediate or imminent exposure (uncontrolled height work, an unshored excavation, an unsafe crane, live electrical with no controls, silica work without dust control). You cannot resume until the inspector is satisfied the risk is fixed. Ignoring it is an offence → prosecution.

What inspectors are looking for in 2025-26

Aligned with the national WHS Strategy, construction is a priority industry and the focus areas are falls from height, respirable crystalline silica, plant and machinery, psychosocial hazards, and consultation/representation. If you are doing height work, cutting masonry, or running plant, expect attention there.

Health & Safety Representatives (HSRs)

A work group can elect an HSR — a worker representative on safety (the duty itself stays with you as the PCBU). Once trained (an initial 5-day course, which you pay for, plus an annual refresher) an HSR can:

inspect the workplace, review SWMS and risk assessments, and investigate complaints;
be consulted on changes that affect WHS;
direct unsafe work to cease, where they reasonably believe there is a serious risk from immediate or imminent exposure and the issue has not been resolved;
issue a Provisional Improvement Notice (PIN) — which an inspector can later confirm, vary or cancel.

HSRs serve a 3-year term, act in paid time, and you must consult them, give them the time and facilities they need, and not obstruct or victimise them.